Whistle Express Fleet Terms of Service
(GOVERNMENT/PUBLIC SERVICE)
Last updated: 10/9/2025
This document contains the Fleet Terms of Service (“Terms”) for Express Wash Operations, LLC, a limited liability company organized under the laws of Delaware and d/b/d Whistle Express (“Company,” “we,” “our, or “us”). These Terms are binding and govern fleet customer participation in our Fleet Program.
1. Overview of Services
The Fleet Program provides discounted car washes for designated government and civil service vehicles as outlined in the signed order form. Company reserves the right to modify fleet plans, fees, and discounts at its discretion, with prior notice to participating Clients.
2. Eligibility and Responsibilities
By enrolling in the Fleet Program, Client represents and warrants that: (i) it is a law enforcement agency, fire department, state or local government entity, or civil service organization authorized to enter into this agreement; (ii) it will provide accurate and current information to Company; (iii) the individual signatory to this Agreement has the authority to bind Client to these Terms; and (iv) it will comply with all applicable laws, regulations, and procurement requirements.
3. Payment Terms and Invoicing
Billing terms will be governed by the payment structure specified in the signed order form. Pay-Per-Wash plans require a minimum of ten (10) washes per month, which establishes an $85 monthly minimum. At the end of each month, Company reserves the right to invoice Client for any remaining balance if the minimum is not met. Government purchase orders, direct payments, or other authorized government payment methods may be accepted, subject to approval. Client must notify Company of any billing disputes within 30 days of receipt of an invoice.
(a) Price Adjustments. Company reserves the right to adjust discounts, pricing, and monthly minimum requirements on an annual basis to reflect changes in labor, utilities, materials, or other operating costs. Any such adjustment shall become effective thirty (30) days following written notice to Client. Client’s continued participation in the Fleet Program following such notice shall constitute acceptance of the adjustment.
4. Communication
We will send account-related notifications via email or text message (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) to the cell phone number or email address provided. You consent to receive electronic communications, which satisfy any and all legal communication requirements.
5. Account Management and Security
Client agrees that all submitted information is true, accurate, current and complete. Client agrees to promptly notify us in writing if Client’s information changes. Client is responsible for maintaining accurate account information. Company is not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by Client. To update or cancel the account, visit a service location, or email .
With regard to account details online, Client agrees to: (i) keep its password secure and confidential; (ii) not permit others to use its account; (iii) not use the accounts of others; and (iv) not transfer its account to another party. Unauthorized account activity must be reported immediately. Client is responsible for any activity occurring under its account.
6. Collection of Information
(a) Regulatory Compliance. All washing facilities meet all state and federal regulations for vehicle washing and the disposal of wastewater.
(b) Insurance Coverage. Company will secure and maintain all necessary insurance certificates to cover Company operations, which shall be made available to Client upon request.
7. Confidentiality and Data Security
(a) Protection of Sensitive Information. Company acknowledges vehicles may have sensitive identifiers (e.g., unmarked cars, license plate reader-equipped vehicles). The Company shall not collect, store, or share identifying information about police or emergency or other government vehicles, except as required to identify vehicles for entry into each wash location under this program and usage information for purposes of billing only. Such information shall be deemed confidential and shall not be disclosed to any third party unless affirmatively required by law, including a valid court order.
(b) Surveillance Restrictions. Company shall not use cameras, tracking, or recording devices in a way that could compromise law enforcement operations, officer safety, or undercover officers or marked and unmarked vehicles.
(c) Public Records Compliance. Company acknowledges that law enforcement data may be exempt from public disclosure laws and will handle such information accordingly.
8. Vehicle Equipment Liability
(a) Emergency Equipment Protection. Company agrees to take reasonable precautions to ensure care of specialized vehicle equipment while performing Services. However, Company shall not be responsible for or held liable to Client for damage or harm to specialized law enforcement or other vehicle equipment, including but not limited to roof-mounted lights, sirens, antennas, radios, vehicle emblems or badges, and cameras.
(b) Weapons & Evidence Handling. Client is solely responsible for ensuring that all weapons, evidence, or sensitive law enforcement materials are removed from vehicles prior to using the car wash services. Company shall not be liable for any loss, damage, or unauthorized access to such items. Client is responsible for complying with all laws or department regulations concerning the handling (or securing) of weapons.
(c) Repair & Damage Resolution. Claims of damage must be reported to Company in writing within 30 days and will be assessed on a case-by-case basis.
9. Priority Service and Operational Readiness
(a) Emergency Readiness Protocol. In the event a police or emergency vehicle in the wash tunnel must respond to a call, Company staff shall take reasonable action to immediately release the vehicle, but Company does not guarantee such release.
(b) Expedited Services. The Company shall prioritize law enforcement and emergency vehicles to minimize downtime and disruption to public service operations.
10. Company's Right to Restrict or Terminate Access
Company reserves the right to suspend or terminate Client’s enrollment in the Fleet Program at Company’s sole discretion. Following suspension or termination, Client shall immediately cease use of the Services. Upon termination, Company reserves the right to delete all Client data and other information stored on Company’s servers. Company will not be liable to Client or any third party as a result of the account suspension or termination or for any actions taken by Company pursuant to these Terms as a result of such suspension or termination. Without limiting the generality of the foregoing, Company will not be liable to Client or any third party for damages, compensation, or reimbursement relating to your use, suspension, or termination of the Services.
11. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USE OR RECEIPT OF THE SERVICES IS AT CLIENT’S SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. COMPANY DOES NOT GUARANTEE UNINTERRUPTED SERVICE OR SUITABILITY FOR ANY SPECIFIC VEHICLE. COMPANY DOES NOT GUARANTEE THAT SERVICES WILL MEET CLIENT’S REQUIREMENTS, WILL BE ERROR-FREE OR COMPLETELY SECURE, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES. COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO CLIENT’S VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS, IN ADDITION TO THE VEHICLE EQUIPMENT LIABILITY CLAUSE IN SECTION 8: Loose or broken parts; Molding, racks, etc; Wheel covers or center caps; Non-factory installed parts or accessories, such as after-market wheels; Unsecured personal items; Driver or operator failure to follow instructions; Driver or operator negligence, including but not limited to collusions due to braking or driving in car wash tunnel; Moonroofs, sunroofs, glass or bug shields; Electronic running boards left down; Windshields; Rear windshield wipers; Automatic windshield wipers left on; Body damage or scratches; Vehicles over 5 years old; and Pre-existing conditions.
12. Claims Process
Claims for vehicle damage must be submitted in writing to the onsite manager of the location at which Client alleged the damage occurred within 30 days of its alleged occurrence. Investigations will be conducted in good faith. If we determine responsibility, we may, upon submission to us of all supporting documentation that we request, refund to Client the lesser of either (i) the cost of Client’s insurance deductible if a claim was submitted to an insurance company or (ii) the cost of the repair if no claim was submitted to an insurance company.
IF WE DECIDE TO PAY ANY CLAIM SUBMITTED PURSUANT TO THIS SECTION, CLIENT ACKNOWLEDGES AND AGREES THAT SUCH PAYMENT IS CLIENT’S SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION, IN RESPECT OF SUCH CLAIM AND THE EVENT GIVING RISE TO SUCH CLAIM, AND CLIENT HEREBY RELEASES AND WAIVES ANY OTHER CLAIMS, ACTIONS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, THAT CLIENT MAY HAVE AGAINST US, OUR AFFILIATES, AGENTS, EMPLOYEES, AND THE LOCATION AT WHICH THE ALLEGED INCIDENT OCCURRED.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM CLIENT’S USE, INABILITY TO USE, OR THE RESULTS OF USING OUR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WARRANTY, CONTRACT, OR NEGLIGENCE, AND STRICT LIABILITY. COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY CLIENT TO COMPANY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY THOUSAND U.S. DOLLARS ($50,000). NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL LIMIT EITHER PARTY’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT; (III) BREACH OF CONFIDENTIALITY OR DATA SECURITY OBLIGATIONS; OR (IV) INDEMNIFICATION OBLIGATIONS EXPRESSLY PROVIDED UNDER THIS AGREEMENT. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THIS EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE COMPANY PARTIES’ LIABILITY TO CLIENT SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THESE LIMITATIONS AND EXCLUSIONS ARE INTENDED TO FAIRLY DISTRIBUTE RISK BETWEEN THE PARTIES AND ARE REFLECTED IN THE PRICING OF COMPANY’S SERVICES. THEY FORM AN ESSENTIAL PART OF THIS AGREEMENT. EACH PROVISION IN THIS SECTION IS SEPARATE AND ENFORCEABLE, EVEN IF ANOTHER PROVISION IS FOUND UNENFORCEABLE. THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
14. Parties to Agreement
The Parties acknowledge and agree that nothing contained in this contract permits or allows claims to be asserted by any third-party against Company or against Customer arising out of or relating to any term, right, or obligation created by this Agreement. Moreover, this Agreement is not assignable or transferrable by Client unless Company provides advance written consent. Any and all assignments and/or transfers in violation of the foregoing shall be deemed void and unenforceable.
15. Termination and Cancellation
This Agreement shall continue indefinitely until terminated by either Party in accordance with the terms herein contained. Client may terminate this agreement with or without cause and for convenience by providing 45 days written notice to Company via email addressed to: . Notice shall be deemed delivered upon Company’s written acknowledgment of receipt.
16. Dispute Resolution
In the event a dispute occurs arising out of or relating to this Agreement or the services or other terms contained herein, the Parties shall first undertake a good-faith effort to resolve them without seeking judicial or other intervention. In the event the disagreement(s) cannot be resolved in said manner, the Parties agree that any such claim may be filed in any court having jurisdiction over any car wash where services were provided by Company to Customer.
17. Electronic Notices and Disclosures
Client acknowledges and agrees that Company may provide notices and other disclosures to Client electronically by posting such notices or other disclosures on Company’s website or by emailing it to Client at any email address provided to Company by you. Such notices or other disclosures shall be considered received following the posting on the website or twenty-four (24) hours following the email being sent, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided as a paper copy.
18. Changes to Terms
Other than the pricing of services and the payment requirements contained herein, Company may add to, change, or remove any part of these Terms, at any time without prior notice. Such modification shall be effective immediately upon disclosure of such changes by Company to Client. Client’s continued use of the Fleet Program shall constitute acceptance of the modified Terms. Please contact us at for questions about our Terms of Service
19. Feedback
Client grants us the unrestricted right to use any feedback Client provides, including comments, ideas, concepts, reviews, techniques, or other materials shared through communications, questionnaires, or our website and user interfaces. We may use this feedback worldwide and indefinitely, without compensation, acknowledgment, or further obligation, for purposes such as developing, manufacturing, marketing, and improving our services, membership plans, and other products. Additionally, to the extent allowed by law, Client waives any moral rights associated with its feedback.
20. Miscellaneous
a. Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under the present or future laws effected during the term of this agreement, such provision shall be fully severable from the remaining provisions of these Terms, and it shall not affect the validity of the remaining provisions, which provisions shall be given full force and effect as if the illegal, unenforceable, or invalid provision had not been included in these Terms. In lieu of an illegal, unenforceable, or invalid provision, there shall, to the fullest extent permitted by law, be substituted a provision as similar in terms to the illegal, invalid, or unenforceable provision as may be possible and still be legal, valid and enforceable.
b. Authority. All Parties to this Agreement represent and warrant that they have taken all actions and obtained all authorizations, consents, and approvals that are conditions precedent to their authority to execute this Agreement.
c. Waiver and Governing Law. The Company’s waiver of one or more provisions of this Agreement does not constitute a waiver of any other provision or provisions of this Agreement, and Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. This contract shall be governed and construed by the laws of the State in which the Services are primarily provided.
d. Copies. Copies of this signed Agreement shall be treated as originals.
e. Headings. The headings contained herein (the bold type face at the beginning of various sections of this Agreement) are provided for the convenience of the reader. To the extent there is a conflict between a heading and the plain text of any provision of this Agreement, the text of the provision shall control over the heading.
f. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Company homepage constitute the entire agreement between the parties with respect to use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by Client by shall be effective unless acknowledged in writing by Company. Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
